ACCEPTANCE

These InnovationHub Technologies Private Limited (“InnovationHub”) Terms of Use (“Terms”) of AUSION, their Electronic Mobility Aid for the visually impaired (“Product”) by you (the person or persons,agreeing to use these Products referred hereinafter as “You” and the term “Your” shall be interpreted accordingly) and the acceptance of these Terms by You constitutes a legally binding agreement between You and InnovationHub, its affiliates, subsidiaries, associates and suppliers defining Your rights and responsibilities and those of InnovationHub with respect to its Product.

You should not use the Product if you do not agree to these Terms.

Eligibility

You must be at least 18 (eighteen) years of age and legally competent and duly authorized, wherever applicable, to enter into a legally binding agreement. If You are the intended user of the Product and below the age of 18 years of age, these Terms shall be binding on Your legal guardian.

Acceptable Use

You shall use the Product for intended and authorized purposes only.

You shall use the Product for Your individual and personal use only.

InnovationHub provides adequate documentation on the Product in multiple formats, including the specifications and usage. You agree to assimilate and understand them fully, before beginning to use the Product.

You shall start using the Product for day to day mobility purposes, only after attending and qualifying a specific training in the effective use of the Product, being offered by InnovationHub, its associates or qualified individual mobility trainers.

You agree to undergo the above mentioned training for its entire duration as determined by InnovationHub, its associates or qualified mobility trainers from time to time, at Your expenses.

You agree to use the Product always along with a primary mobility aid as a backup since the Product is not a primary mobility aid.

Changes

InnovationHub may at its own discretion, from time to time, launch newer versions of the Product with additional enhancements and features. These features may not be available on the older versions of the Product.

InnovationHub or its associates at its own discretion may decide to upgrade the older versions of the Product with new updates if feasible and applicable and may be at a cost. You agree to allow such upgrades to Your device and also agree not to demand upgradation that are not supported or possible.

Consent

By accepting these Terms, You agree and give your consent to be contacted by InnovationHub, its associates or authorized third parties for purposes of collecting Your feedback/comments/quotes and suggestions relating to the Product. You agree that for effective analysis of the feedback and suggestions provided by You, InnovationHub will seek to collect some personal information such as Your age, educational qualifications, profession etc. You agree that InnovationHub will be free to use the above said information and personal data to develop and improve the Product and other future Products and Services.

Warranty

InnovationHub warrants that the retail purchased Product to be free from defects under the following terms and conditions:

  1. Warranty Period

The Product is warranted for a period of one (1) year from the date of purchase, unless otherwise stated. Product that has been repaired or replaced shall be under warranty for the reminder of the warranty period.

  1. Transferability

The warranty is nontransferable and is valid only for the original owner who purchased the Product. Proof of purchase is required for providing warranty service by InnovationHub or its associates.

  • Coverage

InnovationHub is not liable for Product that has been damaged due to abuse, negligence, liquid contact, fire, earthquake or other external causes, nor is liable for incidental or consequential damages. Any normal wear and tear that occurs including but not limited to cosmetic changes shall not be covered under warranty.

The following results in warranty being not covered or voided:

  1. Damage or failure due to abuse, neglect, usage outside of the intended purpose, failure to read instructions and acts of God.
  2. Unauthorized repairs.
  3. Any non-superficial modifications.
  4. Defacing, modifying or removing the serial number.
  5. Purchase through unauthorized channels.
  6. Items purchased second hand.
  7. Problems that are cosmetic in nature unless preexisting.
  8. Any incidental or consequential damages that occur to products not manufactured by InnovationHub or its associates.
  9. Exclusion of Damages

InnovationHub and its associates reserve the right to either repair or replace thedefective product. InnovationHub or its associates shall not be held liable to the purchaser or any third party for any incidental or consequential damages including but not limited to damages resulting from interruption of service and loss of business. InnovationHub is solely responsible for products manufactured by InnovationHub or its associates and offers no warranties express or implied for any other product.

Exclusion of Representation & Warranties

InnovationHub expressly disclaims all warranties of any kind, whether expressed or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness. InnovationHub makes no warranty that the Product will meet Your requirements or that it will be error free, nor does InnovationHub make any warranty as to the results that may be obtained from the use of the Product.

Limitation of liability

You agree that in no event shall InnovationHub or its associates will be liable to You or any third party for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages caused by personal injury, loss of business, interruption of business, loss of privacy or any other pecuniary loss to You or any third party whatsoever.

Indemnity

You agree to defend, indemnify and hold harmless InnovationHub, its associates and their respective officers, directors, employees and agents from and against any and all claims, losses, obligations, liabilities, damages, costs, debt and expenses, including without limitation, reasonable legal, expert and accounting fees incurred in connection with any claims, actions or demands alleging or resulting from the use of the Product or violation of any law by You.

Miscellaneous

Governing Law and Jurisdiction – These Terms, their applicability, enforcement and any dispute arising out of or in relation thereto shall be governed by the laws of India, without regard to its conflict of law provisions and is subject to exclusive jurisdiction of courts in Bangaluru, Karnataka. This clause will survive these Terms and Your use of the Product.

Validity – If a provision of these Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of these Terms. The provisions of these that are intended to survive termination shall remain valid after any termination and Your use of the Product.

Changes in Terms – InnovationHub reserves the right to modify these Terms at any time without prior notice. You are responsible for regularly reviewing these Terms. Your continued use of the Product shall constitute Your consent to any changes and modifications.

Intellectual Property–The Product and related hardware and software and associated content are protected under copyright and other applicable laws. You acknowledge that unauthorized copying, transfer or use shall cause irreparable injury that cannot be adequately compensated for by means of monetary damages. Any reproduction, reverse engineering, decompiling, disassembling, modification, copying, distribution, transmission, display, publishing, sublicensing, creation of derivative works from transferring or redistribution, other than as may be specifically permitted as per these Terms, is expressly prohibited and shall result in severe civil and criminal penalties. Neither the availability of nor anything contained within the Product shall be construed as conferring unto You any license to any of InnovationHub or that of its associates or any third party intellectual property rights.

Other Terms

  1. The product is an outcome of immense research and development by InnovationHub wherein the name itself suggests that the vision being augmented by providing necessary audio feedback. Hence this sophisticated and advanced quality gadget is meant to be used after advanced and thorough training.
  1. It is not advisable to use the product in places of heavy traffic or places of heavy congestion like stations, railway platforms, and market places etc.
  1. Training imparted by the regular user shall not be considered as valid training. Only training imparted by the authorised trainer as recognised by InnovationHub shall be considered as valid training.
  1. The user has to bear in mind that, the product is an electronic gadget and has been devised to facilitate the user to assess the distance of the obstacle in front of the user upon judging the tone. Though InnovationHub has tried to make it very user friendly, it is always advisable that the user gets accustomed to this devise for indoor usage at the first instance. The user has to be monitored initially by the trainer and can start using the devise only upon undergoing the training in due satisfaction of the trainer.
  1. The user is always advised to test whether the product is in operation or functional by testing the same indoors rather than using the same straight way outside.
  1. All the intellectual property rights with respect to the said product is completely vested with InnovationHub. As on date any intellectual property rights of the said product is not transferred, alienated or transmitted to any third party in any manner whatsoever. InnovationHub is the registered proprietor with respect to copyright and trade mark of the said product. Necessary steps for applying for patents of the said product is undertaken by the InnovationHub and the same shall be accomplished in due course.
  1. The user is herewith cautioned with any pirated or duplicate version of the product. The product should be purchased upon duly verifying the trade name and logo of InnovationHub.
  1. InnovationHub disowns the liability of loss or damage caused to the user due to duplicated, pirated or spurious versions of the said product.
  1. InnovationHub completely stands discharged of any liability of any casualty or accident or any loss of life or limb caused due to the usage of the said product.
  1. The product should be ideally kept beyond the reach of children below 5 years of age.